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2026 DAILYLAW 25930 (CHH)

A VINOD KUMAR v. STATE OF CHHATTISGARH

MCRC/4403/2026 · 2026-07-08

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1 CGHC010187972026 2026:CGHC:28564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4403 of 2026 A Vinod Kumar S/o Late Alakiri Swami, Aged About 42 Years, R/o- Hari Bhaskar Colony, House No. 01/278, Kallikutti North, P.S.- Ramjinagar, Distt. Tiruchirappalli, (Tamil Nadu), ... Applicant versus State of Chhattisgarh Through Police Station- Ganj, District- Raipur (C.G.) ... Respondent For Applicant : Mr. Vikas Shrivastava, Advocate For State/Respondent : Ms. Monika Thakur, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 09/2026, registered at Police Station - Ganj, Raipur (C.G.) for the offence punishable under Sections 305(c), 112(2), 324(5), 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 12.01.2026 at around 04:00 PM, complainant left home in his car bearing registration number PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.10 17:42:10 +0530 2 CG-04-PI-9909 accompanied by his brother-in-law Pravar Jindal. They proceeded to Apollo Diagnostic Clinic to meet Dr. Paras Jain and reached there at approximately 05:45 PM. Complainant parked the car on the roadside in front of the clinic and went inside with his brother-in- law. At around 06:20 PM, upon returning, they found that the rear glass on the driver's side (right rear door window) of complainant car had been broken. Complainant had kept a grey laptop bag and a black sling bag on the back seat, and upon checking CCTV footage, Complainant saw 4-5 individuals around the car, one of whom, wearing a blue shirt, was seen breaking the glass and stealing complainant's bag. The grey laptop bag contained ₹10,00,000 in cash, out of which ₹50,000 was in ₹500 notes, along with an old HP laptop worth about ₹1,00,000, a used Samsung tablet worth ₹25,000, and a Sony external hard disk worth ₹20,000, while the black sling bag contained five debit and credit cards. The accused fled after committing the theft. Thereafter, the complainant went to Police Station Ganj with his brother-in-law Pravar Jindal to file a report. On the basis of complaint made by the complainant the present FIR was lodged and during the investigation name of the present applicant was involved in this present crime. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case. He further submits that even if the entire case of prosecution is taken as it is, no offence is made out against the applicant under section 305(c), 112(2), 324(5), 3(5) of B.N.S. He further submits that the other co-accused, namely, Kittu has already been granted bail by this Court vide order dated 20.04.2026 in MCRC/3518/2026 (copy annexed as Annexure 3 P/3). Applicant is in jail since 12.01.2026, charge-sheet has been filed, and further the trial is likely to take considerable time, therefore, it is prayed that applicant may be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that charge-sheet has been filed in the present case but could not dispute the fact the co-accused has been granted bail by this Court. She further submits that applicant has one criminal antecedent bearing Crime No.08/2026 for commission of offence under Sections 303(2), 324 of BNS, 2023 registered on 13.01.2026. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, period of detention of the applicant since 12.01.2026, and the fact that the other co-accused, namely, Kittu has already been granted bail by this Court vide order dated 20.04.2026 in MCRC/3518/2026, further the applicant has one criminal antecedent of the year 2026 under the BNS and the charge-sheet has been filed, further inspite of the time granted to the State counsel calling for the criminal antecedents from the State of Tamil Nadu, the same has not been produced as such, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application is allowed. 8. Let applicant, A Vinod Kumar, involved in Crime No. 09/2026, registered at Police Station - Ganj, Raipur (C.G.) for the offence 4 punishable under Sections 305(c), 112(2), 324(5), 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti